Chapter DOC 392

DOC 392.03(15) (15) “Supervision” means the rights and duties of the department or a county department under ss. 938.34 and 938.505 (1), Stats., or other requirements of law with respect to a youth placed by a court or the department in a type 2 secured correctional facility, a type 2 child caring institution, or on aftercare.

DOC 392.03(16) (16) “Supervisor” means a provider employee responsible for the supervision of aftercare, a type 2 secured correctional facility or a type 2 child caring institution, or that person’s designee.

DOC 392.03(17) (17) “Type 2 child caring institution” has the meaning given in s. 938.02 (19r), Stats.

DOC 392.03(18) (18) “Type 2 secured correctional facility” has the meaning given in s. 938.02 (20), Stats.

DOC 392.03(19) (19) “Youth” means a person under the supervision of the department or a county department within the meaning of s. 938.505 (1), Stats., pursuant to s. 48.366, Stats., or other requirements of law or a person subject to a criminal penalty, regardless of age.

DOC 392.03 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (7) made under s. 13.92 (4) (b) 7., Stats., Register February 2019 No. 758.

DOC 392.04 DOC 392.04 Drug testing.

DOC 392.04(1) (1) Dignity of youth. A provider shall make a reasonable effort to preserve the dignity of a youth in all searches and tests conducted under this chapter.

DOC 392.04(2) (2) Tests required by court order.

DOC 392.04(2)(a) (a) A provider shall require a youth under its supervision, who has been ordered to submit to drug testing under s. 938.34 (6s), Stats., to receive scheduled, random and for cause drug tests when appropriate, whether that youth is in a type 1 or type 2 secured correctional facility, a type 2 child caring institution, another out of home placement in the community or in the youth’s own home. Drug tests shall be administered consistent with s. DOC 392.05 (1).

DOC 392.04(2)(b) (b) Scheduled tests under this section may be administered to a youth at regular intervals, which may be varied from time to time, consistent with the prior pattern of drug or alcohol use by the youth and with the progress of the youth in treatment.

DOC 392.04(3) (3) Other drug tests. A supervisor or staff of the provider may, consistent with the policy and procedure of the provider, implement scheduled testing, random testing, or for cause testing for a youth on aftercare or other form of community supervision as a part of the youth’s written case plan, whether or not the youth is subject to any court ordered testing under this chapter.

DOC 392.04 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 392.05 DOC 392.05 Body contents search.

DOC 392.05(1) (1) Staff who are appropriately licensed or certified, as provided in s. DOC 376.13 (1) (d), may conduct or authorize a body contents search to collect a specimen required to conduct a court ordered, scheduled, random or for cause drug test. A search shall be conducted by qualified staff in accordance with s. DOC 376.13 (1) (d), except that cause is not required if a court has ordered a body contents search.

DOC 392.05(2) (2) A supervisor may require that collection of a urine specimen be observed by staff. Staff of the same gender as a youth shall observe and collect the urine specimen.

DOC 392.05(3) (3) Blood and stool samples may only be collected by a licensed physician, physician’s assistant, registered nurse or other person authorized by law.

DOC 392.05(4) (4) X-rays shall only be conducted by licensed radiology personnel.

DOC 392.05 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 392.06 DOC 392.06 Test results.

DOC 392.06(1) (1) A provider may, consistent with state and federal law, give drug test results to staff of the provider working with a youth to assist in and promote the youth’s treatment program.

DOC 392.06(2) (2) Drug test results shall not be provided to staff without a need to know the drug test results to perform their duties.

DOC 392.06(3) (3) A provider shall require that staff administer discipline of a youth resulting from drug test results in a reasonable and equitable manner.

DOC 392.06(4) (4) Contracts between the department or a county department and a private agency which is authorized by the contract to administer drug tests shall include the requirements of subs. (2) and (3).

DOC 392.06 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 392.07 DOC 392.07 Payment for drug testing.

DOC 392.07(1) (1) A provider shall pay for each drug test it administers or authorizes for a youth under its supervision, whether the test is court ordered, scheduled, random or administered for cause.

DOC 392.07(2) (2) 

DOC 392.07(2)(a) (a) A provider may, as part of the conduct rules of aftercare or other community supervision, require a youth to reimburse the provider for the cost of any for cause drug test which results in a positive drug use finding.

DOC 392.07(2)(b) (b) The department or county department may bill the youth’s parent(s) for the cost of drug testing.

DOC 392.07 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.